Re: Re: Re: Re: Re: Copyright & aged stories
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Posted by M. Arthur Auslander on August 17, 2001 at 22:30:04:
In Reply to: Re: Re: Re: Re: Copyright & aged stories posted by Tony Curtis on August 17, 2001 at 14:00:40:
: A last question re 'expression of an idea': If I write a story about a goldfish and a swordfish swimming in a bowl, from the POV of the goldfish, (my 'expression' is from the goldfish POV), then I have copyright of this story once published.
: The question: If someone re-writes the story FROM THE POINTS OF VIEW of BOTH the goldfish AND the swordfish the rewite doesn’t infringe my copyright since the new story, albeit based upon my idea, is a new 'expression' of this idea even if it uses the characters and situations of my original story, providing the characters are not individually copyrighted?
: Am I correct?
: Tony Curtis
Dear Mr. Curtis,
The copyright law protects what is created, even a work of art, it is the expression that is protected.
I'm not going to research other aspects of law. There may be more proprietary rights than the work.
The latest Gone With The Wind litigation has not cleared up yet. I have not followed it but my recollection is that the Mitchell Estate could not stop, at least by injunction, another story amplifying the stories of the characters in the book.
There may be some law involving the secondary meaning of the characters. This does not seem to be a question of copyright.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
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